There is a newer version of this Section
2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
Part 13 - Determination of Heirs, Devisees, and Property Interests by Special Proceeding
§ 15-12-1302. Petition to Determine Heirship - Devisees - Interests in Property
Universal Citation: CO Code § 15-12-1302 (2021)
- When any person dies leaving an interest in real property in this state, or dies domiciled in this state leaving an interest in personal property wherever located, and there is no probate proceeding presently pending for such person in any jurisdiction, any interested person or person who may be affected by the ownership of such property may petition the court having jurisdiction over probate matters in and for the county in which the real property or some portion thereof is situated, or, if the proceeding is to affect an interest in personal property, the county in which the decedent was domiciled or resided at the time of death to determine:
- The heirs of the decedent and the descent of all or any portion of intestate property; or
- The devisees of the decedent under a will and the succession of all or any portion of testate property.
- The petition may include more than one decedent if they are related by successive interests in the property.
- The petition must be in writing, signed, and verified, and it must include the following:
- The name and address of the petitioner;
- A statement of the interest of the petitioner;
- A description of the property, including a legal description if the property is real property;
- As to each decedent addressed in the petition:
- The name of the decedent;
- The age of the decedent at the decedent's death;
- A statement of the date and place of the decedent's death;
- A statement that one year has passed since the decedent's date of death;
- A statement that either administration of the decedent's estate has not been granted or commenced in any jurisdiction, or, if administration has been granted or commenced in any jurisdiction, the estate has been settled without determination of the descent or succession of all or a portion of the decedent's property;
- A statement as to the county and state of the decedent's last place of domicile or residence;
- A statement of whether the decedent died intestate or testate, and, if testate, the additional information required by subsection (4) of this section;
- The names, addresses, and relationships of all interested persons;
- A statement containing the age and disability of any interested person who is known to the petitioner to be a minor or under legal disability;
- A description of the decedent's interest in the property the descent or succession of which is to be determined through the petition, which description includes property located in the county where the petition is filed and real property located in any other Colorado county;
- A description of the interests held by all owners by descent or succession for the decedent in the property; and
- A statement that the relief sought by the petition is consistent with any previous administration of the decedent's property; and
- If the name or address of any interested person is unknown, a statement detailing the reasonable, diligent efforts made to determine the name or address of the interested person.
- If the decedent died testate, one of the following conditions must be satisfied:
- If the decedent's will has been previously admitted to probate, the petition must include the name of the court that admitted the will to probate, the case number, and the date upon which the will was admitted to probate, and the petitioner shall provide a certified copy of the will and the order admitting the will to probate; or
- If the admissibility of the decedent's will to probate has not been previously determined by a court, the petition must include a statement that the original will has been lodged with a court, that the petitioner believes the will to be the decedent's last will, that the will was validly executed, and that the petitioner is unaware of any instrument revoking the will or of any prior will relating to the property that has not been expressly revoked by a later instrument, and the petitioner shall provide a certified copy of such will or, if certification is not possible, a copy of such will and a statement concerning the absent certification; or
- If the admissibility of the decedent's will to probate has not been previously determined by a court and the original will has not been lodged with a court, the provisions of section 15-12-402 (3) apply and the petition must include a statement that the original will is lost, destroyed, or otherwise unavailable; that the will was validly executed; that the petitioner believes the will to be the decedent's last will; and that the petitioner is unaware of any instrument revoking the will or of any prior will relating to the property that has not been expressly revoked by a later instrument, and the petitioner shall provide a copy of the will or otherwise establish the contents of the will to the satisfaction of the court.
- Upon filing of the petition, the court shall set a time and date for hearing the petition.
History. Source: L. 93: Entire part R&RE, p. 1242, § 1, effective July 1. L. 2016: Entire section amended,(SB 16-133), ch. 145, p. 430, § 3, effective August 10.
This section is similar to former § 15-12-1301 as it existed prior to 1993.ANNOTATION
Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982). For article, “Dealing With a Decedent's Mineral Interests”, see 44 Colo. Law. 53 (Feb. 2015).
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